Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 29117
 THIRD DIVISION Docket No. MW-29174
 92-3-90-3-32
 The Third Division consisted of the regular members and in
 addition Referee John C. Fletcher when award was rendered.

 (Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE:

STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:

 (1) The sixty (60) demerits imposed upon Track Foreman L. Reese for alleged failure to comply with instructions of Division Engineer S. C. Chambers on October 17, 1988 was excessive, based on unproven charges and in violation of the Agreement (System File DJ-1-89/UM-10-89).

 (2) The Claimant's record shall be cleared of the charge leveled against him and the sixty (60) demerits shall be rescinded."

 FINDINGS:
The Third Division of the Adjustment Board upon the whole record and all the evidence, 'finds that:

 The carrier or carriers and the employe or employes involved in this dispute are respectively carrier and employes within the meaning of the Railway Labor Act as approved June 21, 1934.

 This Division of the Adjustment Board has jurisdiction over the dispute involved herein.

Claimant was assessed 60 demerits following an Investigation on a charge that he failed to comply with instructions issued to him on October 17, 1988. Review of the Investigation Transcript develops that adequate evidence was introduced to demonstrate that Claimant was guilty of the charges placed against him. Moreover, this review, as well as the entire record before this Board, does not develop that due process procedural rights, as provided by the Agreement, were breached so as to flaw the Investigation and the discipline assessed. Accordingly, we are without a basis for any modification of the discipline assessed.
Form 1 Award No. 29117
 Page 2 Docket No. MW-29174
 92-3-90-3-32






Attest:
        ncy J. v -Executive Secretary


Dated at Chicago, Illinois, this 28th day of February 1992.